Common use of Ancillary Matters Clause in Contracts

Ancillary Matters. ITEQ shall have concluded the Refinancing, subject only to consummation of the merger contemplated by this Agreement, and AIX shall have received a favorable opinion from RPR for inclusion in the Proxy Statement as to the fairness, from a financial point of view, to the AIX stockholders of the Merger Consideration, which opinion shall not have been withdrawn at the Effective Date.

Ancillary Matters. ITEQ shall have concluded the Refinancing, subject only to consummation of the merger contemplated by this Agreement, and AIX it shall have received a favorable opinion from RPR for Simmxxx xxx inclusion in the Proxy Statement as to the fairness, from a financial point of view, to the AIX stockholders ITEQ of the Merger Consideration, which opinion shall not have been withdrawn at the Effective Date.